STATEN ISLAND, N.Y. -- A grand jury has refused to indict a Queens man arrested earlier this week on charges he sexually assaulted and shaved the head of his ex-girlfriend in Clifton.

Yesterday, a grand jury no-billed an indictment against Worthy Grant, 35, whose 22-year-old ex had accused him of attacking her on Sept. 16 inside her Park Hill Avenue apartment while his daughter was present.

A spokesman for District Attorney Daniel Donovan today confirmed the grand jury's decision, but declined comment, citing the secret nature of the proceedings.

Grant's lawyer, Matthew Blum, characterized the allegations as retaliation in an ongoing custody case between his client and the woman, Maxine Jackson, who have an 18-month-old child in common.

Blum said Ms. Jackson had appeared in Family Court the day before the attack, and Grant had told city officials that she was unfit to raise the child.

He came to Staten Island from Queens that morning, at Ms. Jackson’s behest, because she called and was upset about the custody battle. And because he was a single father, he took his 7-year-old daughter from another relationship along with him.

"There was an altercation. He was actually defending himself. She cut him and she bit him," Blum said. The police arrived, but Ms. Jackson didn’t file a report until days later, said the lawyer.

"He had bruises on his arm and hand, he had cut marks on his arm, but he doesn’t intend on pressing any charges," said Blum. "He just wanted to get it over with."

Grant was initially charged with first- and third-degree criminal sexual act as well as third-degree sexual assault and endangering the welfare of a child.

The 18-month-old is currently in the custody of the city Administration for Children’s Services, Blum said, while Grant’s daughter was being cared for by his mother.